No real estate broker, real estate salesman or other person shall telephone or personally call upon, or mail or hand deliver literature to the home of an owner of a single or two-family dwelling unit in this City, for the purpose of securing a listing for sale of real estate of such home owner or for any purpose relating to the sale of such owner's property, after receiving a written notice not to communicate with such home owner for such purpose so long as the notice is submitted in accordance with the procedures outlined herein.
The provisions of this chapter shall not be applicable to any person who has publicly listed and/or advertised his home for sale.
(a) Notice. The written notice referred to hereinabove shall be deemed sufficient as to any broker, salesman or other person so long as the following specific requirements have been satisfied:
(1) The home owner shall have signed a written form listing the address of such home, specifically stating that he does not wish to sell his home and that he does not wish to be contacted in person at his home or by telephone, or receive hand-delivered or mailed literature soliciting a real estate listing or sale by any real estate broker, salesman or other person.
(2) This written notice or the contents of the written notice shall have been communicated to the licensed broker, or other person, either by the home owner directly or by representatives of the City of South Euclid, in accordance with the procedure hereinafter described. Notice to a licensed broker shall be notice to all salesmen and other employees of that broker.
(3) The homeowner form described in subsection (a)(1) hereof may be negated by the same form of written notice to that effect communicated to the broker, salesman or other person.
(b) Records and Procedure. The Building Department is authorized and directed to maintain records for the purposes set forth herein, which records shall be open at all reasonable times for inspection by the public.
Upon receipt of the written notice described in subsection (a) hereof from a homeowner or homeowners, the Building Commissioner shall submit, in writing, to real estate brokers or other affected persons doing business in the City of South Euclid, a list of those persons, together with their respective addresses, who have invoked the terms of this chapter by, in writing, notifying the Building Commissioner that he or she did not wish to be contacted in person or by telephone, or receive mail or hand-delivered literature soliciting a listing for sale of his real estate.
(c) Venue. In the event of a violation of this chapter by telephone call or mail from without the limits of the City, the violation will be deemed to have been committed in the City.
(Ord. 14-80. Passed 7-28-80.)